Workers’ Compensation: What You Need to Know

With more than three decades of experience, the workers’ compensation lawyers at Morgan and Morgan have helped clients process a wide variety of claims. From our experience, three types of workplace accidents occur more often than other causes of employee injuries.

Slip and Fall

Slip and fall incidents represent the most common type of workplace accident. From a slick surface indoors to a frozen patch of precipitation outdoors, a slip and fall accident is lurking around every corner. Because of the surprise element of this type of workplace accident, victims rarely have enough time to protect themselves from sustaining injuries. The result can be serious injuries such as brain trauma, bone fractures, and/or spinal cord damage.

Unsafe Lifting Technique

Bending your knees while lifting an object alleviates the pressure placed on the back and shoulders. However, far too many employees fail to follow the timeless advice for preventing injuries in the workplace. Improperly lifting an object can dislocate one shoulder or cause a disc to rupture in the back. Even if an employee fails to follow proper lifting technique and the result is the development of a workplace injury, the employee should still qualify to receive compensation through the workers’ compensation program.

Repetitive Motion

Another common type of workplace accident takes time to develop. Repetitive motion injuries afflict employees that perform the same physical motions during each shift. For example, an administrative assistant who spends most of each day typing can develop carpal tunnel syndrome in the hands and/or wrists. Construction workers are another occupation in which repetitive motion injuries frequently occur.

Each state has established the ground rules for filing a workers’ compensation claim. Hiring an experienced workers’ compensation lawyer from Morgan and Morgan ensures you follow every claim step in accordance with your state’s statutes.

Here are five common steps for filing every type of workers’ compensation claim.

Receive Medical Care

The first item on your to-do list is to get treated for your workplace injuries. Even if you feel healthy enough to remain at work and follow the rest of the steps for filing a workers’ compensation claim, you should eventually have a healthcare provider run diagnostic tests. Some workplace accidents produce injuries that develop delayed symptoms, such as whiplash and a concussion. The results of diagnostic tests and the prognosis of you making full recovery play a role in determining the value of your workers’ compensation claim.

Notify Your Employer

You cannot file a workers’ compensation claim unless you inform your employer about the workplace accident. The workers’ compensation claim process begins in your company’s human resources department. Your employer is responsible for filing an incident report with the state workers’ compensation board. Another legal obligation your employer must follow is to send the incident report to its insurance company. Most states grant employees at least 30 days to notify their employers regarding a workplace accident. The workers’ compensation lawyer that you hire from Morgan and Morgan ensures you notify your employer before the deadline.

Complete and Submit the Workers’ Compensation Claim Form.

A few days after notifying your employer about the workplace accident, your employer must give you a workers’ compensation claim form that you must complete with accurate information. Just one empty box or a small section with inaccurate contact information can lead to a denied claim. Some states require employees to submit the same workers’ compensation claim form to the workers’ compensation board. One of the most important reasons to hire a workers’ comp attorney is to file a claim form that contains 100 percent accurate information. After you complete the contact information section, the claim form requires a detailed description of the workplace accident, as well as the injuries that you sustained.

Insurance Company Decision

Although employers in 49 states must fund a workers’ compensation insurance policy, this does not mean your employer’s insurance company automatically approves your claim. Employers that experience a higher-than-average rate of workplace accidents have to pay more in monthly premiums. Even if you submit a valid workers’ compensation claim, the insurance company reviewing your claim might deny it to save your employer money. You also might have to undergo a second medical evaluation that is performed by a different healthcare provider than the one that conducted the first medical evaluation.

Return to Work

Unless a healthcare provider diagnoses you with a permanent disability, you should return to work when your injuries heal or if your employer finds another type of position that protects you from aggravating an injury. Workers’ compensation is a program designed to provide short-term financial assistance to help employees avoid financial distress issues. When you return to work, your employer must provide you with reasonable accommodations that help you meet the requirements of your job.

Searching for the right workers’ compensation lawyer to represent you requires the completion of a considerable amount of research. Failing to perform proper research can lead to the hiring of an attorney who fails to get you the compensation that you deserve. You have five important factors to consider before deciding which attorney brings the most impressive credentials to the table.

Only Represents Employees

The last thing you want is to hire an attorney who has represented employers in the past concerning workers’ compensation claims. Even if the attorney that you hire has never represented your employer, that does not mean the lawyer might not have developed a strong bias against employees filing workers’ compensation claims.

At Morgan and Morgan, every one of our workers’ compensation lawyers has never represented an employer. We only represent employees that sustained one or more injuries in the workplace.

Achieved a Proven Record of Success

Experience measured in just the number of years an attorney has practiced law is not enough when you search for the best workers’ compensation lawyer. Achieving a long proven record of success matters much more than simply years of providing legal services. Your attorney must possess a detailed understanding of the workers’ compensation laws established by your state, as well as an impressive record of helping clients receive compensation as a result of a workplace accident.

Specializes in Handling Workers’ Compensation Cases

Some law firms do not even have a workers’ compensation department, yet they still assign lawyers to handle workers’ compensation cases. You cannot afford to hire an attorney who specializes in another type of law to address the complex legal issues that often arise during the workers’ compensation claim process.

At Morgan and Morgan, we have recruited a team of experienced lawyers that exclusively handle workers’ compensation cases.

Provides Legal Support From Start to Finish

Working with an experienced law firm such as Morgan and Morgan that provides a strong support staff is just one indication that you have legal support for the entire claim filing process. Your attorney also must provide legal support every step of the way. Far too many law firms assign a workers’ compensation lawyer to meet with a client for a free case evaluation, only to disappear for the remainder of the case.

The attorney assigned to your workers’ compensation case by Morgan and Morgan represents you from the day of the free case evaluation to the day when your case gets resolved in your favor.

Responsive Communicator

You want to work with a workers’ compensation lawyer who responds promptly to emails, phone calls, and text messages. Yes, you can expect your attorney to represent other clients while your case remains active, but this does not mean you should be left in the dark regarding the status of your workers’ compensation claim. 

Responsive communication is one of the most frequent positive attributes mentioned by our clients that leave reviews on sites such as Yelp and Google.

When you hire a workers’ compensation lawyer from Morgan and Morgan, you can expect your attorney to conduct a thorough investigation that includes collecting physical evidence and interviewing witnesses. Your workers’ compensation lawyer from Morgan and Morgan also ensures you file an accurate and fully completed claim form.

Schedule a free case evaluation today to start the process of filing a persuasive workers’ compensation claim.